ALI KHAN Vs. BOARD OF REVENUE FOR RAJASTHAN

JUDGEMENT

(1.) BY way of this intra -Court appeal, the petitioners -appellants seek to question the order Dt. 23.01.2014 whereby the learned Single Judge of this Court has dismissed the writ petition (CWP No. 7563/2008) preferred against the judgment and order of the Board of Revenue for Rajasthan, Ajmer ('the Board') Dt. 21.01.2008 whereby the Board had accepted the reference made by the Collector, Jaisalmer under Sec. 232 of the Rajas than Tenancy Act, 1955 ('the Act of 1955') and set aside the judgment and decree Dt. 31.03.1994 passed by the Sub -Divisional Officer, Pokaran ('the SDO') in favour of the petitioners -appellants in Revenue Suit No. 34/1989. The petitioners -appellants had filed the said revenue suit seeking declaration of Khatedari Rights over 382 bighas of land comprised in Khasra No. 527 of Revenue Village Rajmathjai claiming their possession over the same before commencement of the Act of 1955. The SDO decreed the suit to the extent of 304 bighas of land by the impugned judgment and decree Dt. 31.03.1994.

(2.) THE reference came to be made against the judgment and decree aforesaid, inter alia, on the ground that Khatedari Rights had already been conferred upon the petitioners -appellants in respect of 136 bighas of land of Khasra No. 527; and conferment of Khatedari Rights in respect of further 304 bighas of land on the basis of oral evidence was entirely unjustified. It was also submitted that Khasra No. 527, in fact, comprised of the land admeasuring 136 bighas and only because of an error on the part of Settlement Department, Khasra No. 527 was recorded as comprising of 440 bighas of land, contrary to the Revenue Record.

(3.) ON the given fact situation, the findings recorded by the Board and endorsed by the learned Single Judge remain unexceptionable. At the time of initial settlement, 136 bighas of land comprised in Khasra No. 527 was entered in the name of the appellants. At that stage, they did not claim Khatedari Rights over more than 136 bighas of land. They, in fact, sold off such 136 bighas of land and after about 30 years, attempted to claim Khatedari Rights over further 382 bighas of land, alleged to be forming the part of Khasra No. 527 on the basis of an error of the Settlement Department. The SDO had decreed the suit without proper enquiry and merely on the basis of oral evidence. The Board has considered all the factual aspects in sufficient detail and the learned Single Judge has also examined all the relevant aspects before endorsing the order of the Board.